LACEY

v.

SANFORD, WARDEN

Citator

Cited By

• Birtch v. United States (two cases), 173 F.2d 316 (4th Cir. 1949)
  …Court of Appeals of the Tenth Circuit in Birtch et al. v. Hunter, 10 Cir., 158 F. 2d 134, certiorari denied 331 U.S. 825, 67 S.Ct. 1314; 91 L.Ed. 1841, and before this Court in Birtch et al. v. United States, 4 Cir., 164 F. 2d 880, certiorari denied 333 U.S. 848, 68 S.Ct. 651, rehearing denied 333 U.S. 870, 68 S.Ct. 785. The present appeals are from orders denying motions made under 28 U.S.C.A. § 2255; but we think that they are entirely without merit. It is true of motions made under this section, as we he…
• United States v. Hankish, 502 F.2d 71 (4th Cir. 1974)
  …ess, is not crossing a state line with stolen goods, but carrying or transporting stolen goods. Cf. Travis v. United States, 364 U.S. 631, 81 S.Ct. 358, 5 L.Ed.2d 340 (1961); Newton v. United States, 162 F. 2d 795, 796 (4th Cir. 1947), cert. denied, 333 U.S. 848, 68 S.Ct. 650, 92 L.Ed. 1130 (1948). That it must be in interstate commerce is simply a jurisdictional peg without which the offense could not be tried in the federal courts but it is not, strictly speaking, an element of the criminal offense. The p…
• United States v. Bithoney, 472 F.2d 16 (2d Cir. 1973)
  …U.S.C., Section 1015. An analogous situation exists, however, in prosecutions for aiding the preparation of a false or fraudulent tax return. In United States v. Newton, 68 F.Supp. 952 (W.D.Va.1946), aff’d 162 F. 2d 795 (4th Cir. 1947), cert. denied 333 U.S. 848, 68 S.Ct. 650, 92 L.Ed. 1130 (1948), the defendant was tried in the Western District of Virginia where he allegedly aided in the preparation of a false return, affidavit, claim or document. The trial and appeals courts rejected his contention that v…